DOJ Seal
U.S. Department of Justice
Antitrust Division
redacted text
redacted text
Dear redacted text
This letter sets forth the terms and conditions of an agreement between the Antitrust Division of the United States Department of Justice and redacted text in connection with
possible redacted text or other conduct violative of Section 1 of the Sherman Act, 15 U.S.C. § 1, in the
redacted text
redacted text This Agreement is conditional and depends upon redacted text satisfying the conditions
set forth below. After all of these conditions are met, the Division will notify redacted text in writing that the application has been granted. It is further agreed that disclosures made by counsel for redacted text in furtherance of the amnesty application will not constitute a waiver of the attorney-client privilege or the work-product privilege.
AGREEMENT
1. Representations: redacted text desires to report to the Antitrust Division possible redacted text redacted text or other conduct violative of the Sherman Act in the redacted text
redacted text ("the
anticompetitive activity being reported"), redacted text represents to the Antitrust Division that, in connection with the anticompetitive activity being reported, it:
(a) took prompt and effective action to terminate its part in the anticompetitive activity being reported upon discovery of the activity; and
(b) did not coerce any other party to participate in the activity and was not the leader in, or the originator of, the anticompetitive activity being reported.
2. Cooperation: redacted text agrees to provide full, continuing and complete cooperation to the Antitrust Division in connection with the activity being reported, including, but not limited to, the following:
(a) providing a full exposition of all facts known to redacted text relating to the anticompetitive activity being reported;
ATR/FOIA-252
(b) providing promptly, and without requirement of subpoena, all documents or other items in its possession, custody or control, wherever located, requested by the Antitrust Division, to the extent not already produced;
(c) using its best efforts to secure the ongoing, full and truthful cooperation of the current and former directors, officers and employees of redacted text and encouraging such persons voluntarily to provide the Antitrust Division with any information they may have relevant to the anticompetitive activity being reported;
(d) facilitating the ability of current and former directors, officers and employees to appear for such interviews or testimony in connection with the anticompetitive activity being reported as the Antitrust Division may require at the times and places designated by the Antitrust Division;
(e) using its best efforts to ensure that current and former directors, officers and employees who provide information to the Antitrust Division relevant to the anticompetitive activity being reported respond completely, candidly and truthfully to all questions asked in interviews and grand jury appearances and at trial;
(f) using its best efforts to ensure that current and former directors, officers and employees who provide information to the Antitrust Division relevant to the anticompetitive activity being reported make no attempt either falsely to protect or falsely to implicate any person or entity; and
(g) making all reasonable efforts, to the satisfaction of the Antitrust Division, to pay restitution to any person or entity injured as a result of the anticompetitive activity being reported, in which redacted text was a participant.
3. Corporate Leniency: Subject to verification of redacted text representations in paragraph 1 above, and subject to its full, continuing and complete cooperation, as described in paragraph 2 above, the Antitrust Division agrees conditionally to accept redacted text into Part A of the Corporate Leniency Program, as explained in an Antitrust Division policy statement dated August 10, 1993 (attached). Pursuant to that policy, the Antitrust Division agrees not to bring any criminal prosecution against redacted text for any act or offense it may have committed prior to the date of this letter in connection with the anticompetitive activity being reported. The commitments in this paragraph are binding only upon the Antitrust Division, although, upon request of redacted text the Antitrust Division will bring this Agreement to the attention of other prosecuting offices or administrative agencies. If the Antitrust Division at any time determines that redacted text has violated this Agreement, this Agreement shall be void, and the Antitrust Division may revoke the conditional acceptance of redacted text into the Corporate leniency Program. Should the Antitrust Division revoke the conditional acceptance of redacted text into the Corporate Leniency Program, the Antitrust Division may thereafter initiate a criminal prosecution against redacted text without limitation. Should such a prosecution be initiated, any documentary or other information provided by redacted text as well as any statements or other information provided by any current or former
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director, officer or employee of redacted text to the Antitrust Division pursuant to this Agreement, may be used against redacted text in any such prosecution.
4. Non-Prosecution Protection For Corporate Directors, Officers And Employees:
Subject to redacted text full, continuing and complete cooperation, the Antitrust Division agrees that current and former directors, officers and employees of redacted text who admit their knowledge of, or participation in, and fully and truthfully cooperate with the Antitrust Division in its investigation of the anticompetitive activity being reported, shall not be prosecuted criminally by the Antitrust Division for any act or offense committed during their period of employment at redacted text prior to the date of this letter in connection with the anticompetitive activity being reported. Such full and truthful cooperation shall include, but not be limited to:
(a) producing in the United States all documents and records, including personal documents and records, and other materials requested by attorneys and agents of the United States;
(b) making himself or herself available for interviews in the United States upon the request of attorneys and agents of the United States;
(c) responding fully and truthfully to all inquiries of the United States in connection with the anticompetitive activity being reported, without falsely implicating any person or intentionally withholding any information;
(d) otherwise voluntarily providing the United States with any materials or information, not requested in (a) - (c) of this paragraph, that he or she may have relevant to the anticompetitive activity being reported; and
(e) when called upon to do so by the United States, testifying in trial and grand jury or other proceedings in the United States, fully, truthfully and under oath, subject to the penalties of perjury (18 U.S.C. § 1621), making false statements or declarations in grand jury or court proceedings (18 U.S.C. § 1623), contempt (18 U.S.C. §§ 401-402) and obstruction of justice (18 U.S.C. § 1503), in connection with the anticompetitive activity being reported.
The commitments in this paragraph are binding only upon the Antitrust Division, although, upon the request of redacted text the Antitrust Division will bring this Agreement to the attention of other prosecuting offices or administrative agencies. In the event a current or former director, officer or employee of redacted text fails to comply fully with his/her obligations hereunder, this Agreement as it pertains to such individual shall be void, and any leniency, immunity or non-prosecution granted to such individual under this Agreement may be revoked by the Antitrust Division. Should any leniency, immunity or non-prosecution granted be revoked, the Antitrust Division may thereafter prosecute such person criminally, and any statements or other information provided by such person to the Antitrust Division pursuant to this Agreement may be used against him/her in such prosecution.
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5. Entire Agreement: This letter constitutes the entire agreement between the Antitrust Division and redacted text and supersedes all prior understandings, if any, whether oral or written, relating to the subject matter herein.
6. Authority And Capacity: The Antitrust Division and redacted text represent and warrant each to the other that the signatories to this Agreement on behalf of each party hereto have all the authority and capacity necessary to execute this Agreement and to bind the respective parties hereto.
The signatories below acknowledge acceptance of the foregoing terms and conditions.
Sincerely yours,
redacted text
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redacted text
DOJ Seal
U.S. Department of Justice
Antitrust Division
redacted text
redacted text
Dear redacted text
This letter sets forth the terms and conditions of an agreement between the Antitrust Division of the United States Department of Justice and redacted text
redacted text in connection with possible redacted text or other conduct violative of Section 1 of the Sherman Act, 15 U.S.C. § 1, in connection with redacted text
redacted text This agreement is conditional and depends upon redacted text
satisfying the conditions set forth below. After all of these conditions are met, the Division will notify redacted text in writing that the application has been granted. It is further agreed that disclosures made by counsel for redacted text in furtherance of the amnesty application will not constitute a waiver of the attorney-client privilege or the work-product privilege.
AGREEMENT
1. Representations: redacted text desires to report to the Antitrust Division possible redacted text or other conduct violative of the Sherman Act in connection with redacted text
redacted text ("the anticompetitive activity being
reported"). redacted text represents to the Antitrust Division that, in connection with the anticompetitive activity being reported, it:
(a) took prompt and effective action to terminate its part in the anticompetitive activity being reported upon discovery of the activity, and
(b) did not coerce any other party to participate in the activity and was not the leader in, or the originator of, the anticompetitive activity being reported.
2. Cooperation: redacted text agrees to provide full, continuing and complete cooperation to the Antitrust Division in connection with the activity being reported, including, but not limited to, the following:
(a) providing a full exposition of all facts known to redacted text relating to the anticompetitive activity being reported;
ATR/FOIA-256
redacted text
(b) providing promptly, and without requirement of subpoena, all documents or other items in its possession, custody or control, wherever located, requested by the Antitrust Division, to the extent not already produced;
(c) using its best efforts to secure the ongoing, full and truthful cooperation of the current directors, officers and employees of redacted text and encouraging such persons voluntarily to provide the Antitrust Division with any information they may have relevant to the anticompetitive activity being reported;
(d) facilitating the ability of current directors, officers and employees to appear for such interviews or testimony in connection with the anticompetitive activity being reported as the Antitrust Division may require at the times and places designated by the Antitrust Division;
(e) using its best efforts to ensure that current directors, officers and employees who provide information to the Antitrust Division relevant to the anticompetitive activity being reported respond completely, candidly and truthfully to all questions asked in interviews and grand jury appearances and at trial;
(f) using its best efforts to ensure that current directors, officers and employees who provide information to the Antitrust Division relevant to the anticompetitive activity being reported make no attempt either falsely to protect or falsely to implicate any person or entity; and
(g) making all reasonable efforts, to the satisfaction of the Antitrust Division, to pay restitution to any person or entity injured as a result of the anticompetitive activity being reported, in which redacted text was a participant.
3. Corporate Leniency: Subject to verification of redacted text representations in paragraph 1 above, and subject to its full, continuing and complete cooperation, as described in paragraph 2 above, the Antitrust Division agrees conditionally to accept redacted text into Part A of the Corporate Leniency Program, as explained in an Antitrust Division policy statement dated August 10, 1993 (attached). Pursuant to that policy, the Antitrust Division agrees not to bring any criminal prosecution against redacted text for any act or offense it may have committed prior to redacted text in
connection with the anticompetitive activity being reported. The commitments in this paragraph are binding only upon the Antitrust Division, although, upon request of redacted text the Antitrust Division will bring this Agreement to the attention of other prosecuting offices or administrative agencies. If the Antitrust Division at any time determines that redacted text has violated this Agreement, this Agreement shall be void, and the Antitrust Division may revoke the conditional acceptance of redacted text into the Corporate Leniency Program. Should the Antitrust Division revoke the conditional acceptance of redacted text into the Corporate Leniency Program, the Antitrust Division may thereafter
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redacted text
initiate a criminal prosecution against redacted text without limitation. Should such a prosecution be initiated, any documentary or other information provided by redacted text as well as any statements or other information provided by any current director, officer or employee of redacted text to the Antitrust Division pursuant to this Agreement, may be used against redacted text in any such prosecution.
4. Non-Prosecution Protection For Corporate Directors, Officers And Employees:
Subject to redacted text full, continuing and complete cooperation, the Antitrust Division agrees that current directors, officers and employees of redacted text who admit their knowledge of, or participation in, and fully and truthfully cooperate with the Antitrust Division in its investigation of the anticompetitive activity being reported, shall not be prosecuted criminally by the Antitrust Division for any act or offense committed during their period of employment at redacted text prior to redacted text
redacted text in connection with the anticompetitive activity being reported. Such full and truthful cooperation shall include, but not be limited to:
(a) producing in the United States all documents and records, including personal documents and records, and other materials requested by attorneys and agents of the United States;
(b) making himself or herself available for interviews in the United States upon the request of attorneys and agents of the United States;
(c) responding fully and truthfully to all inquiries of the United States in connection with the anticompetitive activity being reported, without falsely implicating any person or intentionally withholding any information;
(d) otherwise voluntarily providing the United States with any materials or information, not requested in (a) - (c) of this paragraph, that he or she may have relevant to the anticompetitive activity being reported; and
(e) when called upon to do so by the United States, testifying in trial and grand jury or other proceedings in the United States, fully, truthfully and under oath, subject to the penalties of perjury (18 U.S.C § 1621), making false statements or declarations in grand jury or court proceedings (18 U.S.C. § 1623), contempt (18 U.S.C. §§ 401-402) and obstruction of justice (18 U.S.C. § 1503), in connection with the anticompetitive activity being reported.
The commitments in this paragraph are binding only upon the Antitrust Division, although, upon the request of redacted text the Antitrust Division will bring this Agreement to the attention of other prosecuting offices or administrative agencies. In the event a current director, officer or employee of redacted text fails to comply fully with his/her obligations hereunder, this Agreement as it pertains to such individual shall be void, and any leniency, immunity or non-prosecution granted to such individual under this Agreement may be revoked by the Antitrust Division. Should any leniency,
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redacted text
immunity or non-prosecution granted be revoked, the Antitrust Division may thereafter prosecute such person criminally, and any statements or other information provided by such person to the Antitrust Division pursuant to this Agreement may be used against him/her in such prosecution.
5. Entire Agreement: This letter constitutes the entire agreement between the Antitrust Division and redacted text and supersedes all prior understandings, if any, whether oral or written, relating to the subject matter herein.
6. Authority And Capacity: The Antitrust Division and redacted text represent and warrant each to the other that the signatories to this Agreement on behalf of each party hereto have all the authority and capacity necessary to execute this Agreement and to bind the respective parties hereto.
The signatories below acknowledge acceptance of the foregoing terms and conditions.
Sincerely yours,
redacted text
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redacted text
ATR/FOIA-259
DOJ Seal
U.S. Department of Justice
Antitrust Division
redacted text
redacted text
Dear redacted text
This letter sets forth the terms and conditions of an agreement between the Antitrust Division of the United States Department of Justice and redacted text , in connection
with possible redacted text or other conduct violative of Section 1 of the Sherman Act,
15 U.S.C. § 1, in the redacted text This Agreement is conditional and
depends upon redacted text satisfying the conditions set forth below. After all of these conditions are met, the Division will notify redacted text in writing that the application has been granted. It is further agreed that disclosures made by counsel for redacted text in furtherance of the amnesty application will not constitute a waiver of the attorney-client privilege or the work-product privilege.
AGREEMENT
1. Representations: redacted text desires to report to the Antitrust Division possible redacted text
redacted text or other conduct violative of the Sherman Act in the redacted text
redacted text ("the anticompetitive activity being reported"). redacted text represents to the Antitrust Division that, in connection with the anticompetitive activity being reported, it:
(a) took prompt and effective action to terminate its part in the anticompetitive activity being reported upon discovery of the activity; and
(b) did not coerce any other party to participate in the activity and was not the leader in, or the originator of, the anticompetitive activity being reported.
2. Cooperation: redacted text agrees to provide full, continuing and complete cooperation to the Antitrust Division in connection with the activity being reported, including, but not limited to, the following:
(a) providing a full exposition of all facts known to redacted text relating to the anticompetitive activity being reported;
(b) providing promptly, and without requirement of subpoena, all documents or other items in its possession, custody or control, wherever located, requested by the Antitrust Division, to the extent not already produced;
ATR/FOIA-260
(c) using its best efforts to secure the ongoing, full and truthful cooperation of the current and former directors, officers and employees of redacted text and encouraging such persons voluntarily to provide the Antitrust Division with any information they may have relevant to the anticompetitive activity being reported;
(d) facilitating the ability of current and former directors, officers and employees to appear for such interviews or testimony in connection with the anticompetitive activity being reported as the Antitrust Division may require at the times and places designated by the Antitrust Division;
(e) using its best efforts to ensure that current and former directors, officers and employees who provide information to the Antitrust Division relevant to the anticompetitive activity being reported respond completely, candidly and truthfully to all questions asked in interviews and grand jury appearances and at trial;
(f) using its best efforts to ensure that current and former directors, officers and employees who provide information to the Antitrust Division relevant to the anticompetitive activity being reported make no attempt either falsely to protect or falsely to implicate any person or entity; and
(g) making all reasonable efforts, to the satisfaction of the Antitrust Division, to pay restitution to any person or entity injured as a result of the anticompetitive activity being reported, in which redacted text was a participant.
3. Corporate Leniency: Subject to verification of redacted text representations in paragraph 1 above, and subject to its full, continuing and complete cooperation, as described in paragraph 2 above, the Antitrust Division agrees conditionally to accept redacted text into Part B of the Corporate Leniency Program, as explained in an Antitrust Division policy statement dated August 10, 1993 (attached). Pursuant to that policy, the Antitrust Division agrees not to bring any criminal prosecution against redacted text for any act or offense it may have committed prior to the date of this letter in connection with the anticompetitive activity being reported. The commitments in this paragraph are binding only upon the Antitrust Division, although, upon request of redacted text the Antitrust Division will bring this Agreement to the attention of other prosecuting offices or administrative agencies. If the Antitrust Division at any time determines that redacted text has violated this Agreement, this Agreement shall be void, and the Antitrust Division may revoke the conditional acceptance of redacted text into the Corporate Leniency Program. Should the Antitrust Division revoke the conditional acceptance of redacted text into the Corporate Leniency Program, the Antitrust Division may thereafter initiate a criminal prosecution against redacted text without limitation. Should such a prosecution be initiated, any documentary or other information provided by redacted text as well as any statements or other information provided by any current or former director, officer or
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ATR/FOIA-261
employee of redacted text to the Antitrust Division pursuant to this Agreement, may be used against redacted text in any such prosecution.
4. Non-Prosecution Protection For Corporate Directors, Officers And Employees:
Subject to redacted text full, continuing and complete cooperation, the Antitrust Division agrees that current and former directors, officers and employees of redacted text who admit their knowledge of, or participation in, and fully and truthfully cooperate with the Antitrust Division in its investigation of the anticompetitive activity being reported, shall not be prosecuted criminally by the Antitrust Division for any act or offense committed during their period of employment at redacted text prior to the date of this letter in connection with the anticompetitive activity being reported. Such full and truthful cooperation shall include, but not be limited to:
(a) producing in the United States all documents and records, including personal documents and records, and other materials requested by attorneys and agents of the United States;
(b) making himself or herself available for interviews in the United States upon the request of attorneys and agents of the United States;
(c) responding fully and truthfully to all inquiries of the United States in connection with the anticompetitive activity being reported, without falsely implicating any person or intentionally withholding any information;
(d) otherwise voluntarily providing the United States with any materials or information, not requested in (a) - (c) of this paragraph, that he or she may have relevant to the anticompetitive activity being reported; and
(e) when called upon to do so by the United States, testifying in trial and grand jury or other proceedings in the United States, fully, truthfully and under oath, subject to the penalties of perjury (18 U.S.C. § 1621), making false statements or declarations in grand jury or court proceedings (18 U.S.C. § 1623), contempt (18US.C. §§ 401-402) and obstruction of justice (18 U.S.C. § 1503), in connection with the anticompetitive activity being reported.
The commitments in this paragraph are binding only upon the Antitrust Division, although, upon the request of redacted text the Antitrust Division will bring this Agreement to the attention of other prosecuting offices or administrative agencies. In the event a current or former director, officer or employee of redacted text fails to comply fully with his/her obligations hereunder, this Agreement as it pertains to such individual shall be void, and any leniency, immunity or non-prosecution granted to such individual under this Agreement may be revoked by the Antitrust Division. Should any leniency, immunity or non-prosecution granted be revoked, the Antitrust Division may thereafter prosecute such person criminally, and any statements or other information provided by such person
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ATR/FOIA-262
to the Antitrust Division pursuant to this Agreement may be used against him/her in such prosecution.
5. Entire Agreement: This letter constitutes the entire agreement between the Antitrust Division and redacted text and supersedes all prior understandings, if any, whether oral or written, relating to the subject matter herein,
6. Authority And Capacity: The Antitrust Division and redacted text represent and warrant each to the other that the signatories to this Agreement on behalf of each party hereto have all the authority and capacity necessary to execute this Agreement and to bind the respective parties hereto.
The signatories below acknowledge acceptance of the foregoing terms and conditions.
Sincerely yours,
redacted text
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ATR/FOIA-263
DOJ Seal
U.S. Department of Justice
Antitrust Division
redacted text
redacted text
Dear redacted text
This letter sets forth the terms and conditions of an agreement between the Antitrust Division of the United States Department of Justice and redacted text
subsidiaries redacted text in
connection with possible redacted text or other conduct violative of Section 1 of the Sherman Act, 15 U.S.C. § 1, in the redacted text This Agreement is
conditional and depends upon redacted text satisfying the conditions set forth below. After all of these conditions are met, the Division will notify redacted text in writing that the application has been granted. It is further agreed that disclosures made by counsel for redacted text in furtherance of the amnesty application will not constitute a waiver of the attorney-client privilege or the work-product privilege.
AGREEMENT
1. Representations: redacted text desires to report to the Antitrust Division possible redacted text redacted text or other conduct violative of the Sherman Act in the redacted text
redacted text ("the anticompetitive activity being reported"). redacted text represents
to the Antitrust Division that, in connection with the anticompetitive activity being reported, it:
(a) took prompt and effective action to terminate its part in the anticompetitive activity being reported upon discovery of the activity; and
(b) did not coerce any other party to participate in the activity and was not the leader in, or the originator of, the anticompetitive activity being reported.
2. Cooperation: redacted text agrees to provide full, continuing and complete cooperation to the Antitrust Division in connection with the activity being reported, including, but not limited to, the following:
(a) providing a full exposition of all facts known to redacted text relating to the anticompetitive activity being reported;
(b) providing promptly, and without requirement of subpoena, all documents or other items in its possession, custody or control, wherever located, requested by the Antitrust Division, to the extent not already produced;
ATR/FOIA-264
(c) using its best efforts to secure the ongoing, full and truthful cooperation of the current and former directors, officers and employees of redacted text and encouraging such persons voluntarily to provide the Antitrust Division with any information they may have relevant to the anticompetitive activity being reported;
(d) facilitating the ability of current and former directors, officers and employees to appear for such interviews or testimony in connection with the anticompetitive activity being reported as the Antitrust Division may require at the times and places designated by the Antitrust Division;
(e) using its best efforts to ensure that current and former directors, officers and employees who provide information to the Antitrust Division relevant to the anticompetitive activity being reported respond completely, candidly and truthfully to all questions asked in interviews and grand jury appearances and at trial;
(f) using its best efforts to ensure that current and former directors, officers and employees who provide information to the Antitrust Division relevant to the anticompetitive activity being reported make no attempt either falsely to protect or falsely to implicate any person or entity; and
(g) making all reasonable efforts, to the satisfaction of the Antitrust Division, to pay restitution to any person or entity injured as a result of the anticompetitive activity being reported, in which redacted text was a participant.
3. Corporate Leniency: Subject to verification of redacted text representations in paragraph 1 above, and subject to its full, continuing and complete cooperation, as described in paragraph 2 above, the Antitrust Division agrees conditionally to accept redacted text into Part A of the Corporate Leniency Program, as explained in an Antitrust Division policy statement dated August 10, 1993 (attached). Pursuant to that policy, the Antitrust Division agrees not to bring any criminal prosecution against redacted text for any act or offense it may have committed prior to the date of this letter in connection with the anticompetitive activity being reported. The commitments in this paragraph are binding only upon the Antitrust Division, although, upon request of redacted text the Antitrust Division will bring this Agreement to the attention of other prosecuting offices or administrative agencies. If the Antitrust Division at any time determines that redacted text has violated this Agreement, this Agreement shall be void, and the Antitrust Division may revoke the conditional acceptance of redacted text into the Corporate Leniency Program. Should the Antitrust Division revoke the conditional acceptance of redacted text into the Corporate Leniency Program, the Antitrust Division may thereafter initiate a criminal prosecution against redacted text without limitation. Should such a prosecution be initiated, any documentary or
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other information provided by redacted text as well as any statements or other information provided by any current or former director, officer or employee of redacted text to the Antitrust Division pursuant to this Agreement, may be used against redacted text in any such prosecution.
4. Non-Prosecution Protection For Corporate Directors, Officers And Employees:
Subject to redacted text full, continuing and complete cooperation, the Antitrust Division agrees that current and former directors, officers and employees of redacted text who admit their knowledge of, or participation in, and fully and truthfully cooperate with the Antitrust Division in its investigation of the anticompetitive activity being reported, shall not be prosecuted criminally by the Antitrust Division for any act or offense committed during their period of employment at
redacted text prior to the date of this letter in connection with the anticompetitive activity being reported. Such full and truthful cooperation shall include, but not be limited to:
(a) producing in the United States all documents and records, including personal documents and records, and other materials requested by attorneys and agents of the United States;
(b) making himself or herself available for interviews in the United States upon the request of attorneys and agents of the United States;
(c) responding fully and truthfully to all inquiries of the United States in connection with the anticompetitive activity being reported, without falsely implicating any person or intentionally withholding any information;
(d) otherwise voluntarily providing the United States with any materials or information, not requested in (a) - (c) of this paragraph, that he or she may have relevant to the anticompetitive activity being reported; and
(e) when called upon to do so by the United States, testifying in trial and grand jury or other proceedings in the United States, fully, truthfully and under oath, subject to the penalties of perjury(18 U.S.C. § 1621), making false statements or declarations in grand jury or court proceedings (18 U.S.C. § 1623), contempt (18 U.S.C. §§ 401-402) and obstruction of justice (18 U.S.C. § 1503), in connection with the anticompetitive activity being reported.
The commitments in this paragraph are binding only upon the Antitrust Division, although, upon the request of redacted text the Antitrust Division will bring this Agreement to the attention of other prosecuting offices or administrative agencies. In the event a current or former director, officer or employee of redacted text fails to comply fully with his/her obligations hereunder, this Agreement as it pertains to such individual shall be void, and any leniency, immunity or non-prosecution granted to such individual under this Agreement may be revoked by the Antitrust Division. Should any leniency, immunity or non-prosecution granted be revoked, the Antitrust Division may thereafter
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prosecute such person criminally, and any statements or other information provided by such person to the Antitrust Division pursuant to this Agreement may be used against him/her in such prosecution.
5. Entire Agreement: This letter constitutes the entire agreement between the Antitrust Division and redacted text and supersedes all prior understandings, if any, whether oral or written, relating to the subject matter herein.
6, Authority And Capacity: The Antitrust Division and redacted text represent and warrant each to the other that the signatories to this Agreement on behalf of each party hereto have all the authority and capacity necessary to execute this Agreement and to bind the respective parties hereto.
The signatories below acknowledge acceptance of the foregoing terms and conditions.
Sincerely yours,
redacted text
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ATR/FOIA-267
DOJ Seal
U.S. Department of Justice
Antitrust Division
redacted text
redacted text
Dear redacted text
This letter sets forth the terms and conditions of an agreement between the Antitrust Division of the United States Department of Justice and redacted text in connection
with possible redacted text or other conduct violative of Section 1 of the
Sherman Act, 15 U.S.C. § 1, in the redacted text This agreement is
conditional and depends upon redacted text satisfying the conditions set forth below. After all of these conditions are met, the Division will notify redacted text in writing that the application has been granted. It is further agreed that disclosures made by counsel for redacted text in furtherance of the amnesty application will not constitute a waiver of the attorney-client privilege or the work-product privilege.
AGREEMENT
1. Representations: redacted text desires to report to the Antitrust Division possible redacted text redacted text or other conduct violative of the Sherman Act in the redacted text
redacted text ("the anticompetitive activity being reported"). redacted text represents to
the Antitrust Division that, in connection with the anticompetitive activity being reported, it:
(a) took prompt and effective action to terminate its part in the anticompetitive activity being reported upon discovery of the activity; and
(b) did not coerce any other party to participate in the activity and was not the leader in, or the originator of, the anticompetitive activity being reported.
2. Cooperation; redacted text agrees to provide full, continuing and complete cooperation to the Antitrust Division in connection with the activity being reported, including, but not limited to, the following:
(a) providing a full exposition of all facts known to redacted text relating to the anticompetitive activity being reported;
ATR/FOIA-268
(b) providing promptly, and without requirement of subpoena, all documents or other items in its possession, custody or control, wherever located, requested by the Antitrust Division, to the extent not already produced;
(c) using its best efforts to secure the ongoing, full, and truthful cooperation of the current directors, officers and employees of redacted text and encouraging such persons voluntarily to provide the Antitrust Division with any information they may have relevant to the anticompetitive activity being reported;
(d) facilitating the ability of current directors, officers and employees to appear for such interviews or testimony in connection with the anticompetitive activity being reported as the Antitrust Division may require at the times and places designated by the Antitrust Division;
(e) using its best efforts to ensure that current directors, officers and employees who provide information to the Antitrust Division relevant to the anticompetitive activity being reported respond completely, candidly and truthfully to all questions asked in interviews, and grand jury appearances and at trial;
(f) using its best efforts to ensure that current directors, officers and employees who provide information to the Antitrust Division relevant to the anticompetitive activity being reported make no attempt either falsely to protect or falsely to implicate any person or entity; and
(g) making all reasonable efforts, to the satisfaction of the Antitrust Division, to pay restitution to any person or entity injured as a result of the anticompetitive activity being reported, in which redacted text was a participant.
3. Corporate Leniency: Subject to verification of redacted text representations in paragraph 1 above, and subject to its full, continuing and complete cooperation, as described in paragraph 2 above, the Antitrust Division agrees conditionally to accept redacted text into Part A of the Corporate Leniency Program, as explained in an Antitrust Division policy statement dated August 10, 1993 (attached). Pursuant to that policy, the Antitrust Division agrees not to bring any criminal prosecution against redacted text for any act or offense it may have committed prior to the date of this letter in connection with the anticompetitive activity being reported. The commitments in this paragraph are binding only upon the Antitrust Division, although, upon request of redacted text the Antitrust Division will bring this Agreement to the attention of other prosecuting offices or administrative agencies. If the Antitrust Division at any time determines that redacted text has violated this Agreement, this Agreement shall be void, and the Antitrust Division may revoke the conditional acceptance of redacted text into the Corporate Leniency Program. Should the Antitrust Division revoke the conditional acceptance of redacted text into the Corporate Leniency Program, the
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Antitrust Division may thereafter initiate a criminal prosecution against redacted text without limitation. Should such a prosecution be initiated, any documentary or other information provided by redacted text as well as any statements or other information provided by any current director, officer or employee of redacted text to the Antitrust Division pursuant to this Agreement, may be used against redacted text in any such prosecution.
4. Non-Prosecution Protection For Corporate Directors, Officers And Employees:
Subject to redacted text full, continuing and complete cooperation, the Antitrust Division agrees that current directors, officers and employees of redacted text who admit their knowledge of, or participation in, and fully and truthfully cooperate with the Antitrust Division in its investigation of the anticompetitive activity being reported, shall not be prosecuted criminally by the Antitrust Division for any act or offense committed prior to the date of this letter in connection with the anticompetitive activity being reported. Such full and truthful cooperation shall include, but not be limited to:
(a) producing in the United States all documents and records, including personal documents and records, and other materials requested by attorneys and agents of the United States;
(b) making himself or herself available for interviews in the United States upon the request of attorneys and agents of the United States;
(c) responding fully and truthfully to all inquiries of the United States in connection with the anticompetitive activity being reported, without falsely implicating any person or intentionally withholding any information;
(d) otherwise voluntarily providing the United States with any materials or information, not requested in (a) - (c) of this paragraph, that he or she may have relevant to the anticompetitive activity being reported; and
(e) when called upon to do so by the United States, testifying in trial and grand jury or other proceedings in the United States, fully, truthfully, and under oath, subject to the penalties of perjury (18 U.S.C. § 1621) and making false statements or declarations in grand jury or court proceedings (18 U.S.C. § 1623), in connection with the anticompetitive activity being reported.
The commitments in this paragraph are binding only upon the Antitrust Division, although, upon the request of redacted text the Antitrust Division will bring this Agreement to the attention of other prosecuting offices or administrative agencies. In the event a current director, officer or employee of redacted text fails to comply fully with his/her obligations hereunder, this Agreement as it pertains to such individual shall be void, and any leniency, immunity or non-prosecution granted to such individual under this Agreement may be revoked by the Antitrust Division. Should any leniency,
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immunity or non-prosecution granted be revoked, the Antitrust Division may thereafter prosecute such person criminally, and any statements or other information provided by such person to the Antitrust Division pursuant to this Agreement may be used against him/her in such prosecution.
5. Entire Agreement: This letter constitutes the entire agreement between the Antitrust Division and redacted text and supersedes all prior understandings, if any, whether oral or written, relating to the subject matter herein.
6. Authority And Capacity: The Antitrust Division and redacted text represent and warrant each to the other that the signatories to this Agreement on behalf of each party hereto have all the authority and capacity necessary to execute this Agreement and to bind the respective parties hereto.
The signatories below acknowledge acceptance of the foregoing terms and conditions.
Sincerely yours,
redacted text
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ATR/FOIA-271
DOJ Seal
U.S. Department of Justice
Antitrust Division
redacted text
redacted text redacted text
redacted text
Dear redacted text
This letter sets forth the terms and conditions of an agreement between the Antitrust Division of the United States Department of Justice and redacted text affiliates,
redacted text
redacted text in connection with possible redacted text
redacted text or other conduct violative of Section 1 of the Sherman Act, 15 U.S.C. § 1, in the redacted text
redacted text This Agreement is
conditional and depends upon redacted text satisfying the conditions set forth below. After all of these conditions are met, the Division will notify redacted text in writing that the application has been granted. It is further agreed that disclosures made by counsel for redacted text in furtherance of the amnesty application will not constitute a waiver of the attorney-client privilege or the work-product privilege.
AGREEMENT
1. Representations: redacted text desires to report to the Antitrust Division possible redacted text or other conduct violative of the Sherman Act in the redacted text
redacted text ("the anticompetitive activity being reported"). redacted text represents to the Antitrust Division that, in connection with the anticompetitive activity being reported, it:
(a) took prompt and effective action to terminate its part in the anticompetitive activity being reported upon discovery of the activity; and
(b) did not coerce any other party to participate in the activity and was not the leader in, or the originator of, the anticompetitive activity being reported,
2. Cooperation: redacted text agrees to provide full, continuing and complete cooperation to the Antitrust Division in connection with the activity being reported, including, but not limited to, the following:
ATR/FOIA-272
(a) providing a full exposition of all facts known to redacted text relating to the anticompetitive activity being reported;
(b) providing promptly, and without requirement of subpoena, all documents or other items in its possession, custody or control, wherever located, requested by the Antitrust Division, to the extent not already produced;
(c) using its best efforts to secure the ongoing, full and truthful cooperation of the current and former directors, officers and employees of redacted text and encouraging such persons voluntarily to provide the Antitrust Division with any information they may have relevant to the anticompetitive activity being reported;
(d) facilitating the ability of current and former directors, officers and employees to appear for such interviews or testimony in connection with the anticompetitive activity being reported as the Antitrust Division may require at the times and places designated by the Antitrust Division;
(e) using its best efforts to ensure that current and former directors, officers and employees who provide information to the Antitrust Division relevant to the anticompetitive activity being reported respond completely, candidly and truthfully to all questions asked in interviews and grand jury appearances and at trial;
(f) using its best efforts to ensure that current and former directors, officers and employees who provide information to the Antitrust Division relevant to the anticompetitive activity being reported make no attempt either falsely to protect or falsely to implicate any person or entity; and
(g) making all reasonable efforts, to the satisfaction of the Antitrust Division, to pay restitution to any person or entity injured as a result of the anticompetitive activity being reported, in which redacted text was a participant.
3. Corporate Leniency: Subject to verification of redacted text representations in paragraph 1 above, and subject to its full, continuing and complete cooperation, as described in paragraph 2 above, the Antitrust Division agrees conditionally to accept redacted text into Part A of the Corporate Leniency Program, as explained in an Antitrust Division policy statement dated August 10, 1993 (attached). Pursuant to that policy, the Antitrust Division agrees not to bring any criminal prosecution against redacted text for any act or offense it may have committed prior to the date of this letter in connection with the anticompetitive activity being reported. The commitments in this paragraph are binding only upon the Antitrust Division, although, upon request of redacted text the Antitrust Division will bring this Agreement to the attention of other prosecuting offices or administrative agencies. If the Antitrust Division at any time determines that redacted text has violated
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this Agreement, this Agreement shall be void, and the Antitrust Division may revoke the conditional acceptance of redacted text into the Corporate Leniency Program. Should the Antitrust Division revoke the conditional acceptance of redacted text into the Corporate Leniency Program, the Antitrust Division may thereafter initiate a criminal prosecution against redacted text without limitation. Should such a prosecution be initiated, any documentary or other information provided by redacted text as well as any statements or other information provided by any current or former director, officer or employee of redacted text to the Antitrust Division pursuant to this Agreement, may be used against redacted text in any such prosecution.
4. Non-Prosecution Protection For Corporate Directors, Officers And Employees:
Subject to redacted text full, continuing and complete cooperation, the Antitrust Division agrees that current and former directors, officers and employees of redacted text who admit their knowledge of, or participation in, and fully and truthfully cooperate with the Antitrust Division in its investigation of the anticompetitive activity being reported, shall not be prosecuted criminally by the Antitrust Division for any act or offense committed during their period of employment at redacted text prior to the date of this letter in connection with the anticompetitive activity being reported. Such full and truthful cooperation shall include, but not be limited to:
(a) producing in the United States all documents and records, including personal documents and records, and other materials requested by attorneys and agents of the United States;
(b) making himself or herself available for interviews in the United States upon the request of attorneys and agents of the United States;
(c) responding fully and truthfully to all inquiries of the United States in connection with the anticompetitive activity being reported, without falsely implicating any person or intentionally withholding any information;
(d) otherwise voluntarily providing the United States with any materials or information, not requested in (a) - (c) of this paragraph, that he or she may have relevant to the anticompetitive activity being reported; and
(e) when called upon to do so by the United States, testifying in trial and grand jury or other proceedings in the United States, fully, truthfully and under oath, subject to the penalties of perjury (18 U.S.C. § 1621), making false statements or declarations in grand jury or court proceedings (18 U.S.C. § 1623), contempt (18 U.S.C. §§ 401-402) and obstruction of justice (18 U.S.C. § 1503), in connection with the anticompetitive activity being reported.
The commitments in this paragraph are binding only upon the Antitrust Division, although, upon the request of redacted text the Antitrust Division will bring this Agreement to the attention of other
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prosecuting offices or administrative agencies. In the event a current or former director, officer or employee of redacted text fails to comply fully with his/her obligations hereunder, this Agreement as it pertains to such individual shall be void, and any leniency, immunity or non-prosecution granted to such individual under this Agreement may be revoked by the Antitrust Division. Should any leniency, immunity or non-prosecution granted be revoked, the Antitrust Division may thereafter prosecute such person criminally, and any statements or other information provided by such person to the Antitrust Division pursuant to this Agreement may be used against him/her in such prosecution.
5. Entire Agreement: This letter constitutes the entire agreement between the Antitrust Division and redacted text and supersedes all prior understandings, if any, whether oral or written, relating to the subject matter herein. This letter supersedes the previous letter signed by redacted text
redacted text
6. Authority And Capacity: The Antitrust Division and redacted text represent and warrant each to the other that the signatories to this Agreement on behalf of each party hereto have all the authority and capacity necessary to execute this Agreement and to bind the respective parties hereto.
The signatories below acknowledge acceptance of the foregoing terms and conditions.
Sincerely yours,
redacted text
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ATR/FOIA-275
DOJ Seal
U.S. Department of Justice
Antitrust Division
redacted text
redacted text
redacted text
Dear redacted text
This letter sets forth the terms and conditions of an agreement between the Antitrust Division of the United States Department of Justice and
redacted text in connection with possible redacted text or other
conduct violative of Section 1 of the Sherman Act, 15 U.S.C. § 1, in the
redacted text
redacted text This agreement is conditional and depends upon redacted text satisfying
the conditions set forth below. After all of these conditions are met, the division will notify redacted text in writing that the application has been granted. It is further
agreed that disclosures made by counsel for redacted text in furtherance of the
amnesty application will not constitute a waiver of the attorney-client privilege or the work-product privilege.
AGREEMENT
1. Representations: redacted text desires to report to the Antitrust Division possible redacted text or other conduct violative of the Sherman Act in the redacted text ("the anticompetitive activity being reported"). redacted text represents to the Antitrust Division that, in connection with the anticompetitive activity being reported, it:
(a) took prompt and effective action to terminate its part in the anticompetitive activity being reported upon discovery of the activity; and
(b) did not coerce any other party to participate in the anticompetitive activity being reported and was not the leader in, or originator of, the anticompetitive activity being reported.
2. Cooperation: redacted text subsidiaries redacted text
ATR/FOIA-276
redacted text
subsidiaries"), agree to provide full, continuing, and complete cooperation to the Antitrust Division in connection with the anticompetitive activity being reported, including, but not limited to, the following:
(a) providing a full exposition of all facts known to
redacted text subsidiaries, relating to the anticompetitive activity being reported;
(b) providing promptly, and without requirement of a subpoena, all documents not privileged under U.S. law or other items in the possession, custody, or control of redacted text subsidiaries requested by the Antitrust Division, to the extent not already produced;
(c) securing the complete, candid, and truthful cooperation of redacted text
redacted text which shall
include, but not be limited to:
(1) the voluntary provision to the Antitrust Division by redacted text
redacted text any
information they may have relevant to the anticompetitive activity being reported;
(ii) the appearance of redacted text
for such interviews or testimony relevant to the anticompetitive activity being reported as the Antitrust Division may require at times and places designated by the Antitrust Division; and
(iii) the provision of testimony by redacted text
redacted text when requested by the Antitrust
Division, in grand jury, trial, or other proceedings in connection with the anticompetitive activity being reported;
(d) using its best efforts to secure the complete, candid, and truthful cooperation of the current and former directors, officers, and employees, of redacted text subsidiaries and encouraging such persons voluntarily to provide the Antitrust Division with any information relevant to the anticompetitive activity being reported;
(e) facilitating the ability of current and former directors, officers, and employees of redacted text subsidiaries to appear for
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such interviews or testimony relevant to the anticompetitive activity being reported as the Antitrust Division may require at the times and places designated by the Antitrust Division;
(f) using its best efforts to ensure that current and former directors, officers, and employees of redacted text subsidiaries, who provide information to the Antitrust Division respond completely, candidly, and truthfully to all questions asked in interviews, grand jury appearances, and at trial;
(g) using its best efforts to ensure that current and former directors, officers, and employees of redacted text subsidiaries, who provide information to the Antitrust Division make no attempt either falsely to protect or falsely to implicate any person or entity; and
(h) making all reasonable efforts, to the satisfaction of the Antitrust Division, to pay restitution to any person or entity injured as a result of the anticompetitive activity being reported in which redacted text subsidiaries, was a participant.
3. Corporate Leniency: Subject to verification of redacted text representations in paragraph 1 above, and subject to its full, continuing, and complete cooperation, as described in paragraph 2 above, the Antitrust Division agrees to accept redacted text
into Part B of the Corporate Leniency Program, as explained in an Antitrust Division policy statement dated August 10, 1993 (attached). Pursuant to that policy. the Antitrust Division agrees not to bring any criminal prosecution against redacted text
subsidiaries for any act or offense they may have committed prior to the date of this letter in connection with the anticompetitive activity being reported. The commitments in this paragraph are binding only upon the Antitrust Division, although, upon request of redacted text the Antitrust Division will bring this
Agreement to the attention of other prosecuting offices or administrative agencies. If the Antitrust Division at any time determines that redacted text subsidiaries has
violated this Agreement, this Agreement shall be void, and the Antitrust Division may revoke the conditional acceptance of redacted text into the Corporate Leniency
Program. Should the Antitrust Division revoke the conditional acceptance of redacted text
into the Corporate Leniency Program, the Antitrust Division may thereafter initiate a criminal prosecution against redacted text subsidiaries, without
limitation. Should such a prosecution be initiated, any documentary or other information provided by redacted text subsidiaries, as well as any statements
or other information provided by any current or former director, officer, or employee of redacted text subsidiaries, to the Antitrust Division pursuant to this
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Agreement, may be used against redacted text subsidiaries, in any such
prosecution.
4. Non-Prosecution Protection for Corporate Directors, Officers, and
Employees: Subject to redacted text subsidiaries' full, continuing, and
complete cooperation, the Antitrust Division agrees that current and former directors, officers, and employees of redacted text subsidiaries, who admit their
knowledge of, or participation in, and fully and truthfully cooperate with the Antitrust Division in its investigation of the anticompetitive activity being reported, shall not be prosecuted criminally by the Antitrust Division for any act or offense committed during their period of employment at redacted text subsidiaries, prior to the date of this
letter in connection with the anticompetitive activity being reported. Such full and truthful cooperation shall include, but not be limited to:
(a) making his relevant personal documents and records available in the United States to attorneys and agents of the United States;
(b) making himself available in the United States to attorneys and agents of the United States for interviews;
(c) responding fully and truthfully to all inquiries of the United States in connection with the anticompetitive activity being reported, without falsely implicating any person or intentionally withholding any information;
(d) otherwise giving the United States access to knowledge or information he may have relevant to the anticompetitive activity being reported; and
(e) when called upon to do so by the United States, testifying in trial and grand jury or other proceedings in the United States, fully, truthfully, and under oath, subject to the penalties of perjury (18 U.S.C. § 1621) and making false statements or declarations in grand jury or court proceedings (18 U.S.C. § 1623), in connection with the anticompetitive activity being reported.
The commitments in this paragraph are binding only upon the Antitrust Division, although, upon the request of redacted text the Antitrust Division will bring this
Agreement to the attention of other prosecuting offices or administrative agencies. In the event a current director, officer, or employee of redacted text subsidiaries,
fails to comply fully with his/her obligations hereunder, this Agreement as it pertains to such individual shall be void, and any leniency, immunity or non-prosecution granted to such individual under this Agreement may be revoked by the Antitrust Division. Should
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any leniency, immunity, or non-prosecution granted be revoked, the Antitrust Division may thereafter prosecute such person criminally, and any statements or other information provided by such person to the Antitrust Division pursuant to this Agreement may be used against him/her in such prosecution.
5. Entire Agreement: This letter constitutes the entire agreement between the Antitrust Division and redacted text and supersedes all prior understandings, if any, whether oral or written, relating to the subject matter herein.
6. Authority and Capacity: The Antitrust Division and redacted text represent and warrant each to the other that the signatories to this Agreement on behalf of each party hereto have all the authority and capacity necessary to execute this Agreement and to bind the respective parties hereto.
The signatories below acknowledge acceptance of the foregoing terms and conditions.
Sincerely yours,
redacted text
Attachment
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ATR/FOIA-280
DOJ Seal
U.S. Department of Justice
Antitrust Division
redacted text
redacted text
Dear redacted text
This letter sets forth the terms and conditions of an agreement between the Antitrust Division of the United States Department of Justice and redacted text
redacted text subsidiary redacted text in connection with possible redacted text
redacted text or other conduct violative of Section 1 of the Sherman Act, 15 U.S.C. § 1, in the redacted text redacted text 1 This Agreement is conditional and depends upon redacted text
satisfying the conditions set forth below. After all of these conditions are met, the Division will notify redacted text in writing that the application has been granted. It is further agreed that disclosures made by counsel for redacted text in furtherance of the amnesty application will not constitute a waiver of the attorney-client privilege or the work-product privilege.
AGREEMENT
1. Representations: redacted text desires to report to the Antitrust Division possible redacted text redacted text or other conduct violative of the Sherman Act in the redacted text
redacted text ("the anticompetitive activity being reported"). redacted text represents to the Antitrust
Division that, in connection with the anticompetitive activity being reported, it:
(a) took prompt and effective action to terminate its part in the anticompetitive activity being reported upon discovery of the activity; and
(b) did not coerce any other party to participate in the activity and was not the leader in, or the originator of, the anticompetitive activity being reported,
2. Cooperation: redacted text agrees to provide full, continuing and complete cooperation to the Antitrust Division in connection with the activity being reported, including, but not limited to, the following:
1 redacted text
redacted text redacted text
ATR/FOIA-281
(a) providing a full exposition of all facts known to redacted text relating to the anticompetitive activity being reported;
(b) providing promptly, and without requirement of subpoena, all documents or other items in its possession, custody or control, wherever located, requested by the Antitrust Division, to the extent not already produced;
(c) using its best efforts to secure the ongoing, full and truthful cooperation of the current and former directors, officers and employees of redacted text and encouraging such persons voluntarily to provide the Antitrust Division with any information they may have relevant to the anticompetitive activity being reported;
(d) facilitating the ability of current and former directors, officers and employees to appear for such interviews or testimony in connection with the anticompetitive activity being reported as the Antitrust Division may require at the times and places designated by the Antitrust Division;
(e) using its best efforts to ensure that current and former directors, officers and employees who provide information to the Antitrust Division relevant to the anticompetitive activity being reported respond completely, candidly and truthfully to all questions asked in interviews and grand jury appearances and at trial;
(f) using its best efforts to ensure that current and former directors, officers and employees who provide information to the Antitrust Division relevant to the anticompetitive activity being reported make no attempt either falsely to protect or falsely to implicate any person or entity; and
(g) making all reasonable efforts, to the satisfaction of the Antitrust Division, to pay restitution to any person or entity injured as a result of the anticompetitive activity being reported, in which redacted text was a participant.
3. Corporate Leniency: Subject to verification of redacted text representations in paragraph 1 above, and subject to its full, continuing and complete cooperation, as described in paragraph 2 above, the Antitrust Division agrees conditionally to accept redacted text into Part A of the Corporate Leniency Program, as explained in an Antitrust Division policy statement dated August 10, 1993 (attached). Pursuant to that policy, the Antitrust Division agrees not to bring any criminal prosecution against redacted text for any act or offense it may have committed prior to the date of this letter in connection with the anticompetitive activity being reported. The commitments in this paragraph are binding only upon the Antitrust Division, although, upon request of redacted text the Antitrust Division will bring this Agreement to the attention of other prosecuting offices or administrative agencies. If the Antitrust Division at any time determines that redacted text has violated
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this Agreement, this Agreement shall be void, and the Antitrust Division may revoke the conditional acceptance of redacted text into the Corporate Leniency Program. Should the Antitrust Division revoke the conditional acceptance of redacted text into the Corporate Leniency Program, the Antitrust Division may thereafter initiate a criminal prosecution against redacted text without limitation. Should such a prosecution be initiated, any documentary or other information provided by redacted text as well as any statements or other information provided by any current or former director, officer or employee of redacted text to the Antitrust Division pursuant to this Agreement, may be used against redacted text in any such prosecution.
4. Non-Prosecution Protection For Corporate Directors, Officers And Employees:
Subject to redacted text full, continuing and complete cooperation, the Antitrust Division agrees that current and former directors, officers and employees of redacted text expressly excluding redacted text
who admit their knowledge of, or participation in, and fully and truthfully cooperate with the Antitrust Division in its investigation of the anticompetitive activity being reported, shall not be prosecuted criminally by the Antitrust Division for any act or offense committed prior to the date of this letter in connection with the anticompetitive activity being reported. Such full and truthful cooperation shall include, but not be limited to:
(a) producing in the United States all documents and records, including personal documents and records, and other materials requested by attorneys and agents of the United States;
(b) making himself or herself available for interviews in the United States upon the request of attorneys and agents of the United States;
(c) responding fully and truthfully to all inquiries of the United States in connection with the anticompetitive activity being reported, without falsely implicating any person or intentionally withholding any information;
(d) otherwise voluntarily providing the United States with any materials or information, not requested in (a) - (c) of this paragraph, that he or she may have relevant to the anticompetitive activity being reported; and
(e) when called upon to do so by the United States, testifying in trial and grand jury or other proceedings in the United States, fully, truthfully and under oath, subject to the penalties of perjury (18 U.S.C. § 1621), making false statements or declarations in grand jury or court proceedings (18 U.S.C. § 1623), contempt (18 U.S.C. §§ 401-402) and obstruction of justice (18 U.S.C. § 1503), in connection with the anticompetitive activity being reported.
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The commitments in this paragraph are binding only upon the Antitrust Division, although, upon the request of redacted text the Antitrust Division will bring this Agreement to the attention of other prosecuting offices or administrative agencies. In the event a current or former director, officer or employee of redacted text fails to comply fully with his/her obligations hereunder, this Agreement as it pertains to such individual shall be void, and any leniency, immunity or non-prosecution granted to such individual under this Agreement may be revoked by the Antitrust Division. Should any leniency, immunity or non-prosecution granted be revoked, the Antitrust Division may thereafter prosecute such person criminally, and any statements or other information provided by such person to the Antitrust Division pursuant to this Agreement may be used against him/her in such prosecution.
5. Entire Agreement: This letter constitutes the entire agreement between the Antitrust Division and redacted text and supersedes all prior understandings, if any, whether oral or written, relating to the subject matter herein.
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6. Authority And Capacity: The Antitrust Division and redacted text represent and warrant each to the other that the signatories to this Agreement on behalf of each party hereto have ah the authority and capacity necessary to execute this Agreement and to bind the respective parties hereto.
The signatories below acknowledge acceptance of the foregoing terms and conditions.
Sincerely yours,
redacted text
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ATR/FOIA-285
DOJ Seal
U.S. Department of Justice
Antitrust Division
redacted text
redacted text redacted text
redacted text
Dear redacted text
Re: redacted text
This letter sets forth the terms and conditions of an agreement between the Antitrust Division of the United States Department of Justice and redacted text
redacted text in connection with possible redacted text
redacted text
redacted text
AGREEMENT
1. Representations: redacted text desires to report to the Antitrust Division possible redacted text redacted text or other conduct violative of Section 1 of the Sherman Act, 15
U.S.C. § 1, in the redacted text represents to the Antitrust Division
that, in connection with the activity being reported, it:
(a) took prompt and effective action to terminate its part in the activity upon discovery of the activity; and
(b) did not coerce any other party to participate in the activities and was not a leader in, or originator of, the activity.
ATR/FOIA-286
redacted text
Page 2
2. Cooperation: redacted text agrees to provide full, continuing and complete cooperation to the Antitrust Division in connection with the activity being reported, including, but not limited to, the following:
(a) providing promptly, in response to a subpoena or at the request of the Antitrust Division, all documents or other items in its possession, custody or control requested by the Antitrust Division, to the extent not already produced;
(b) using its best efforts to secure the complete, candid and truthful cooperation of its current and former directors, officers and employees, and encouraging such persons voluntarily to provide the Antitrust Division with any information relevant to possible redacted text
redacted text or other conduct violative of 15
U.S.C. § 1, in the redacted text ;
(c) facilitating the ability of current and former directors, officers and employees to appear for such interviews or testimony as the Antitrust Division may require at the times and places designated by the Antitrust Division;
(d) using its best efforts to ensure that current and former directors, officers and employees who provide information to the Antitrust Division respond completely, candidly and truthfully to all questions asked in interviews, grand jury appearances and at trial;
(e) using its best efforts to ensure that current and former directors, officers and employees who provide information to the Antitrust Division make no attempt either falsely to protect or falsely to implicate any person or entity; and
(f) using its best efforts to make restitution to any person or entity injured as a result of any redacted text or other conduct violative of 15 U.S.C. § 1, in the redacted text
redacted text in which redacted text was a participant.
3. Corporate Leniency: Subject to verification of redacted text representations in paragraph 1, above, and subject to its continuing and complete cooperation, as described in paragraph 2 above, the Antitrust Division agrees to accept redacted text into Part B of the Corporate Leniency Program, as explained in an Antitrust Division policy statement dated August 10, 1993.
ATR/FOIA-287
redacted text
Page 3
Pursuant to that policy, the Antitrust Division agrees not to bring any criminal prosecution against redacted text for any act or offense it may have committed prior to the date of this letter in connection with the activity being reported in the redacted text The
commitments in this Agreement are binding only upon the Antitrust Division, although, upon request of redacted text , the Antitrust Division will bring this Agreement to the attention of other prosecuting offices or administrative agencies. If the Antitrust Division at any time determines that redacted text has violated this Agreement, this Agreement shall be void, and the Antitrust Division may revoke redacted text conditional acceptance into the Corporate Leniency Program. Should the Antitrust Division revoke redacted text conditional acceptance into the Corporate Leniency Program, the Antitrust Division may thereafter initiate criminal prosecutions against redacted text without limitation. Should such prosecutions be initiated, any documentary or other information provided by redacted text as well as any statements or other information provided by any current director, officer or employee of redacted text received pursuant to this Agreement, may be used against redacted text (and against such persons individually) in such prosecutions.
4. Leniency for Corporate Directors, Officers and Employees: Subject to his or her continuing and complete cooperation, the Antitrust Division agrees that any current and former director, officer and employee of redacted text who admit their knowledge of or participation in the activity being reported, shall not be prosecuted criminally by the Antitrust Division for any act or offense committed during his or her period of employment at redacted text prior to the date of this letter in connection with the activity being reported in the redacted text
redacted text The commitments in this Agreement are binding only upon the Antitrust Division, although, upon the request of redacted text the Antitrust Division will bring this Agreement to the attention of other prosecuting offices or administrative agencies. In the event any current director, officer or employee of redacted text fails to comply fully with his or her obligations hereunder, this Agreement as it pertains to such individual shall be void, and any leniency, immunity or non-prosecution granted to such individual under the Corporate Leniency Program may be revoked by the Antitrust Division. Should any leniency, immunity or non-prosecution granted be revoked, the Antitrust Division may thereafter prosecute such person criminally, and any statements or other information provided by such person pursuant to this Agreement may be used against him or her in such prosecution.
5. Entire Agreement: This letter constitutes the entire agreement between the Antitrust Division and redacted text and supersedes all prior understandings, if any, whether oral or written, relating to the subject matter herein.
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redacted text
Page 4
6. Authority and Capacity: The Antitrust Division and redacted text represent and warrant each to the other that the signatories to this Agreement on behalf of each party hereto have all the authority and capacity necessary to execute this Agreement and to bind the respective parties hereto.
The signatories below acknowledge acceptance of the foregoing terms and conditions.
Sincerely yours,
redacted text
ATR/FOIA-289
DOJ Seal
U.S. Department of Justice
Antitrust Division
redacted text
redacted text
Dear redacted text
This letter sets forth the terms and conditions of an agreement between the Antitrust Division of the United States Department of Justice and redacted text
redacted text
redacted text during the time of the anticompetitive
activity being reported redacted text in connection with possible redacted text
redacted text or other conduct violative of Section 1 of the Sherman Act, 15 U.S.C. § 1. redacted text
redacted text
redacted text This agreement is conditional and depends upon redacted text satisfying the conditions
set forth below. After all of these conditions are met, the Division will notify redacted text in writing
that the application has been granted. It is further agreed that disclosures made by counsel for
redacted text in furtherance of the amnesty application will not constitute a waiver of the attorney-client
privilege or the work-product privilege.
AGREEMENT
1. Representations: redacted text desires to report to the Antitrust Division possible redacted text or other conduct violative of the Sherman Act in the redacted text
redacted text ("the anticompetitive activity being reported").
redacted text represents to the Antitrust Division that, in connection with the anticompetitive activity being reported, it:
(a) took prompt and effective action to terminate its part in the anticompetitive activity being reported upon discovery of the activity; and
(b) did not coerce any other party to participate in the activity and was not the leader in, or the originator of, the anticompetitive activity being reported.
2. Cooperation: redacted text agrees to provide full, continuing and complete cooperation to the Antitrust Division in connection with the activity being reported, including, but not limited to, the following:
ATR/FOIA-290
(a) providing a full exposition of all facts known to redacted text relating to the anticompetitive activity being reported;
(b) providing promptly, and without requirement of subpoena, all documents or other items in its possession, custody or control, wherever located, requested by the Antitrust Division, to the extent not already produced;
(c) using its best efforts to secure the ongoing, full and truthful cooperation of the current and former directors, officers and employees of redacted text and encouraging such persons voluntarily to provide the Antitrust Division with any information they may have relevant to the anticompetitive activity being reported;
(d) facilitating the ability of current and former directors, officers and employees to appear for such interviews or testimony in connection with the anticompetitive activity being reported as the Antitrust Division may require at the times and places designated by the Antitrust Division;
(e) using its best efforts to ensure that current and former directors, officers and employees who provide information to the Antitrust Division relevant to the anticompetitive activity being reported respond completely, candidly and truthfully to all questions asked in interviews and grand jury appearances and at trial;
(f) using its best efforts to ensure that current and former directors, officers and employees who provide information to the Antitrust Division relevant to the anticompetitive activity being reported make no attempt either falsely to protect or falsely to implicate any person or entity; and
(g) making all reasonable efforts, to the satisfaction of the Antitrust Division, to pay restitution to any person or entity injured as a result of the anticompetitive activity being reported, in which redacted text was a participant.
3. Corporate Leniency: Subject to verification of redacted text representations in paragraph 1 above, and subject to its full, continuing and complete cooperation, as described in paragraph 2 above, the Antitrust Division agrees conditionally to accept redacted text into Part A of the Corporate Leniency Program, as explained in an Antitrust Division policy statement dated August 10, 1993 (attached). Pursuant to that policy, the Antitrust Division agrees not to bring any criminal prosecution against redacted text for any act or offense it may have committed prior to the date of this letter in connection with the anticompetitive activity being reported. The commitments in this paragraph are binding only upon the Antitrust Division, although, upon request of redacted text the Antitrust Division will bring this Agreement to the attention of other prosecuting offices or administrative agencies. If the Antitrust Division at any time determines that redacted text has violated this Agreement, this Agreement shall be void, and the Antitrust Division may revoke the conditional acceptance of redacted text into the Corporate Leniency Program. Should the Antitrust Division revoke
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the conditional acceptance of redacted text into the Corporate Leniency Program, the Antitrust Division may thereafter initiate a criminal prosecution against redacted text without limitation. Should such a prosecution be initiated, any documentary or other information provided by redacted text as well as any statements or other information provided by any current director, officer or employee of redacted text to the Antitrust Division pursuant to this Agreement, may be used against redacted text in any such prosecution.
4. Non-Prosecution Protection For Corporate Directors, Officers And Employees:
Subject to redacted text full, continuing and complete cooperation, the Antitrust Division agrees that current and former directors, officers and employees1 of redacted text who admit their knowledge of, or participation in, and fully and truthfully cooperate with the Antitrust Division in its investigation of the anticompetitive activity being reported, shall not be prosecuted criminally by the Antitrust Division for any act or offense committed during their period of employment at redacted text prior to the date of this letter in connection with the anticompetitive activity being reported. Such full and truthful cooperation shall include, but not be limited to:
(a) producing in the United States all documents and records, including personal documents and records, and other materials requested by attorneys and agents of the United States;
(b) making himself or herself available for interviews in the United States upon the request of attorneys and agents of the United States;
(c) responding fully and truthfully to all inquiries of the United States in connection with the anticompetitive activity being reported, without falsely implicating any person or intentionally withholding any information;
(d) otherwise voluntarily providing the United States with any materials or information, not requested in (a) - (c) of this paragraph, that he or she may have relevant to the anticompetitive activity being reported; and
(e) when called upon to do so by the United States, testifying in trial and grand jury or other proceedings in the United States, fully, truthfully and under oath, subject to the penalties of perjury (18 U.S.C. § 1621), making false statements or declarations in grand jury or court proceedings (18 U.S.C. § 1623), contempt(18 U.S.C. §§ 401-402) and obstruction of justice (18 U.S.C. § 1503), in connection with the anticompetitive activity being reported.
The commitments in this paragraph are binding only upon the Antitrust Division, although, upon the request of redacted text the Antitrust Division will bring this Agreement to the attention of other
1 "Current directors, officers and employees" means those individuals employed by redacted text as of the date of this letter. "Former directors, officers and employees" refers to individuals no longer employed by redacted text as of the date of this letter.
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prosecuting offices or administrative agencies. In the event a current director, officer or employee of redacted text fails to comply fully with his/her obligations hereunder, this Agreement as it pertains to such individual shall be void, and any leniency, immunity or non-prosecution granted to such individual under this Agreement may be revoked by the Antitrust Division. Should any leniency, immunity or non-prosecution granted be revoked, the Antitrust Division may thereafter prosecute such person criminally, and any statements or other information provided by such person to the Antitrust Division pursuant to this Agreement may be used against him/her in such prosecution. The non-prosecution protections in this paragraph do not extend to the following former employees:
redacted text
5. Entire Agreement: This letter constitutes the entire agreement between the Antitrust Division and redacted text and supersedes all prior understandings, if any, whether oral or written, relating to the subject matter herein.
6. Authority And Capacity: The Antitrust Division and redacted text represent and warrant each to the other that the signatories to this Agreement on behalf of each party hereto have all the authority and capacity necessary to execute this Agreement and to bind the respective parties hereto.
The signatories below acknowledge acceptance of the foregoing terms and conditions.
Sincerely yours,
redacted text
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ATR/FOIA-293
DOJ Seal
U.S. Department of Justice
Antitrust Division
redacted text
redacted text
Re: redacted text
Dear redacted text
This letter will confirm that the Antitrust Division agrees that the cooperation of redacted text redacted text relating to the redacted text
falls within the terms of the conditional acceptance of redacted text into the Antitrust Division's Corporate Leniency program entered on redacted text relating to the redacted text
redacted text All of the terms and conditions described in the redacted text
conditional Corporate Leniency agreement between the Division and redacted text shall also apply
to the redacted text Of course, redacted text must satisfy all
requirements of the Corporate Leniency Policy for redacted text before its application is
fully granted.
The signatories below acknowledge acceptance of the foregoing terms and conditions.
Sincerely,
redacted text redacted text
ATR/FOIA-294
Page -2- redacted text Corporate Leniency
redacted text
redacted text
ATR/FOIA-295
DOJ Seal
U.S. Department of Justice
Antitrust Division
redacted text
redacted text
Dear redacted text
This letter sets forth the terms and conditions of an agreement between the Antitrust Division of the United States Department of Justice and redacted text in connection
with possible redacted text or other conduct violative
of Section 1 of the Sherman Act, 15 U.S.C. § 1, in the redacted text
redacted text This agreement is conditional and depends upon redacted text satisfying the conditions
set forth below. After all of these conditions are met, the Division will notify redacted text in writing that the application has been granted. It is further agreed that disclosures made by counsel for
redacted text in furtherance of the amnesty application will not constitute a waiver of the attorney-client privilege or the work-product privilege.
AGREEMENT
1. Representations: redacted text desires to report to the Antitrust Division possible redacted text
redacted text or other conduct violative of the Sherman Act
in the redacted text ("the anticompetitive activity
being reported"). redacted text represents to the Antitrust Division that, in connection with the anticompetitive activity being reported, it:
(a) took prompt and effective action to terminate its part in the anticompetitive activity being reported upon discovery of the activity, and
(b) did not coerce any other party to participate in the activity and was not the leader in, or the originator of, the anticompetitive activity being reported.
2. Cooperation: redacted text agrees to provide full, continuing and complete cooperation to the Antitrust Division in connection with the activity being reported, including, but not limited to, the following:
(a) providing a full exposition of all facts known to redacted text relating to the anticompetitive activity being reported;
redacted text
ATR/FOIA-296
(b) providing promptly, and without requirement of subpoena, all documents or other items in its possession, custody or control, wherever located, requested by the Antitrust Division, to the extent not already produced;
(c) using its best efforts to secure the ongoing, full and truthful cooperation of the current and former directors, officers and employees of redacted text and encouraging such persons voluntarily to provide the Antitrust Division with any information they may have relevant to the anticompetitive activity being reported;
(d) facilitating the ability of current and former directors, officers and employees to appear for such interviews or testimony in connection with the anticompetitive activity being reported as the Antitrust Division may require at the times and places designated by the Antitrust Division;
(e) using its best efforts to ensure that current and former directors, officers and employees who provide information to the Antitrust Division relevant to the anticompetitive activity being reported respond completely, candidly and truthfully to all questions asked in interviews and grand jury appearances and at trial;
(f) using its best efforts to ensure that current and former directors, officers and employees who provide information to the Antitrust Division relevant to the anticompetitive activity being reported make no attempt either falsely to protect or falsely to implicate any person or entity; and
(g) making all reasonable efforts, to the satisfaction of the Antitrust Division, to pay restitution to any person or entity injured as a result of the anticompetitive activity being reported, in which redacted text was a participant.
3. Corporate Leniency: Subject to verification of redacted text representations in paragraph 1 above, and subject to its full, continuing and complete cooperation, as described in paragraph 2 above, the Antitrust Division agrees conditionally to accept redacted text into Part A of the Corporate Leniency Program, as explained in an Antitrust Division policy statement dated August 10, 1993 (attached). Pursuant to that policy, the Antitrust Division agrees not to bring any criminal prosecution against redacted text for any act or offense it may have committed prior to the date of this letter in connection with the anticompetitive activity being reported. The commitments in this paragraph are binding only upon the Antitrust Division, although, upon request of redacted text the Antitrust Division will bring this Agreement to the attention of other prosecuting offices or administrative agencies. If the Antitrust Division at any time determines that redacted text has violated this Agreement, this Agreement shall be void, and the Antitrust Division may revoke the conditional acceptance of redacted text into the Corporate Leniency Program. Should the Antitrust Division revoke the conditional acceptance of redacted text into the Corporate Leniency Program, the
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Antitrust Division may thereafter initiate a criminal prosecution against redacted text without limitation. Should such a prosecution be initiated, any documentary or other information provided by redacted text as well as any statements or other information provided by any current or former director, officer or employee of redacted text to the Antitrust Division pursuant to this Agreement, may be used against redacted text in any such prosecution.
4. Non-Prosecution Protection For Corporate Directors, Officers And Employees:
Subject to redacted text full, continuing and complete cooperation, the Antitrust Division agrees that current and former directors, officers and employees of redacted text who admit their knowledge of, or participation in, and fully and truthfully cooperate with the Antitrust Division in its investigation of the anticompetitive activity being reported, shall not be prosecuted criminally by the Antitrust Division for any act or offense committed during their period of employment at redacted text prior to the date of this letter in connection with the anticompetitive activity being reported. Such full and truthful cooperation shall include, but not be limited to:
(a) producing in the United States all documents and records, including personal documents and records, and other materials requested by attorneys and agents of the United States;
(b) making himself or herself available for interviews in the United States upon the request of attorneys and agents of the United States;
(c) responding fully and truthfully to all inquiries of the United States in connection with the anticompetitive activity being reported, without falsely implicating any person or intentionally withholding any information;
(d) otherwise voluntarily providing the United States with any materials or information, not requested in (a) - (c) of this paragraph, that he or she may have relevant to the anticompetitive activity being reported; and
(e) when called upon to do so by the United States, testifying in trial and grand jury or other proceedings in the United States, fully, truthfully and under oath, subject to the penalties of perjury (18 U.S.C. § 1621), making false statements or declarations in grand jury or court proceedings (18 U.S.C. § 1623), contempt (18 U.S.C. §§ 401-402) and obstruction of justice (18 U.S.C. § 1503), in connection with the anticompetitive activity being reported.
The commitments in this paragraph are binding only upon the Antitrust Division, although, upon the request of redacted text the Antitrust Division will bring this Agreement to the attention of other prosecuting offices or administrative agencies. In the event a current or former director, officer or employee of redacted text fails to comply fully with his/her obligations hereunder, this Agreement as it pertains to such individual shall be void, and any leniency, immunity or non-prosecution granted to
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such individual under this Agreement may be revoked by the Antitrust Division. Should any leniency, immunity or non-prosecution granted be revoked, the Antitrust Division may thereafter prosecute such person criminally, and any statements or other information provided by such person to the Antitrust Division pursuant to this Agreement may be used against him/her in such prosecution.
5. Entire Agreement: This letter constitutes the entire agreement between the Antitrust Division and redacted text and supersedes all prior understandings, if any, whether oral or written, relating to the subject matter herein.
6. Authority And Capacity: The Antitrust Division and redacted text represent and warrant each to the other that the signatories to this Agreement on behalf of each party hereto have all the authority and capacity necessary to execute this Agreement and to bind the respective parties hereto.
The signatories below acknowledge acceptance of the foregoing terms and conditions.
Sincerely yours,
redacted text
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